Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24379 of 2019 Petitioner :- Rajesh Kumar Mishra And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Pandey Counsel for Respondent :- G.A.,Satish Sharma
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the first information report dated 28.09.2019 vide Case Crime No.868/2019, under Sections 323, 504, 506 I.P.C. and 3(1)(Da) 3(1)(Gha) of SC/ST Act, Police Station Meja, District Prayagraj.
As per prosecution version, first information report was lodged by the respondent no.3 on 28.09.2019 at 11:46 p.m. for the incident of 07.06.2019 stating therein that complainant is fair price shop dealer and on 07.06.2019 when the complainant was busy delivering food grains to the villagers on the instigation of Rajesh (petitioner no.1), Shyam Babu and Dangar (petitioner nos.2 & 3) abused him and threatened to kill him.
The petitioner's contention is that the impugned F.I.R. has been lodged against the petitioners only to harass them and they have not committed any offence as alleged in the first information report. The petitioners have no concern with the alleged offence. The petitioners have been falsely implicated in the present case because the fair price shop of the respondent no.3 was cancelled and a first information report was lodged against him, thereafter due to collusion of police authority and also on the pressure of a political person this false and frivolous case has been lodged against the petitioners only to pressurize the petitioners not to pursue the case which was lodged against him as also the enquiry which is going on against the respondent no.3.
A bare reading of the impugned FIR goes to show that the allegations prima-facie do constitute commission of cognizable offence, hence, there is no reason to quash the same.
Writ petition, accordingly, stands dismissed.
However, if the petitioners appear before the court below within three weeks from today and apply for bail in the aforesaid case, it is expected that the same would be considered and disposed of expeditiously.
Order Date :- 29.11.2019 Jitendra